Thomas v. State

• Decision Date: 25 April 1916
• Docket Number: 7021.
• Citation: 88 S.E. 718,18 Ga.App. 21
• Parties: THOMAS v. STATE.
• Court: Georgia Court of Appeals

88 S.E. 718

18 Ga.App. 21

THOMAS v. STATE.

No. 7021.

Court of Appeals of Georgia

April 25, 1916

Syllabus by the Court.

"A charge, torn to pieces and scattered in disjointed fragments, may seem objectionable, although, when put together and considered as a whole, it may be perfectly sound. The full charge being in the record, what it lacks when divided is supplied when the parts are all united. United they stand, divided they fall." Brown v. Matthews, 79 Ga. 1, 4 S.E. 13. The charge under review submits fairly to the jury the rule as to reasonable doubt, and correctly instructs them as to the scope and effect of the defendant's statement. When one comprehensive statement of the law of reasonable doubt has been made in the charge of the court, it is not error to omit to reiterate the rule in connection with each of the several contentions suggested by the evidence. Carr v. State, 84 Ga. 250(4), 255, 10 S.E. 626; Bowen v. State, 16 Ga.App. 179(3), 183, 84 S.E. 793.

The evidence authorized the verdict, and there was no abuse of discretion on the part of the trial judge in refusing a new trial.

Error from City Court of Carrollton; James Beall, Judge.

Tobe Thomas was convicted of crime, and brings error. Affirmed.

Shirley C. Boykin, of Carrollton, for plaintiff in error.

C. E. Roop, Sol., of Carrollton, for the State.

RUSSELL, C.J.

Judgment affirmed.